Loading...
Ord 63-01ORDINANCE NO. 63-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIONS BY AMENDING THE CHARTER OF THE CITY OF DELRAY BEACH, ARTICLE III, "LEGISLATIVE", SECTION 3.01, "COMMISSION.CITY MANAGER FORM OF GOVERNMENT; TERM OF OFFICE; NUMBER; OFFICES OF VICE.MAYOR AND DEPUTY VICE-MAYOR; SUCCESSION TO THE OFFICE OF MAYOR", PROVIDING FOR THE LENGTH OF THE MAYOR'S TERM IF ELECTED AT A SPECIAL ELECTION; BY REPEALING SECTION 3.06(d), "VACANCIES; FORFEITURE OF OFFICE; FILLING OF VACANCIES", AND ENACTING A NEW SECTION 3.06(d), "FILLING A VACANCY IN THE OFFICE OF MAYOR" AND SUBSECTIONS 3.06(d)(1)(2)(3)(4) AND (5); TO PROVIDE FOR FILLING A VACANCY IN THE OFFICE OF MAYOR; BY AMENDING ORDINANCE NO. 62-01 BY REPEALING SECTIONS 3.08(b)(1)(2) AND (3) OF ORDINANCE NO. 62-01 AND ENACTING A NEW SECTION 3.08, "FILLING OF A VACANCY IN THE OFFICE OF MAYOR" AND SUBSECTIONS 3.08(b)(1)(2) AND (3), TO PROVIDE FOR THE FILLING OF VACANCY IN THE OFFICE OF MAYOR, PROVIDING FOR THE LENGTH OF THE MAYOR'S TERM IF ELECTED AT A SPECIAL ELECTION, PROVIDING FOR THE VICE-MAYOR TO SERVE AS MAYOR UNTIL THE NEXT ELECTION IF 60 OR MORE DAYS REMAIN UNTIL THE NEXT ELECTION OR IF LESS THAN 60 DAYS REMAIN REQUIRING A SPECIAL ELECTION TO FILL THE VACANCY IN THE OFFICE OF MAYOR, PROVIDING FOR THE QUALIFICATION OF CANDIDATES FOR A SPECIAL ELECTION TO FILL A VACANCY IN THE OFFICE OF MAYOR, THE DATE OF ASSUMPTION OF OFFICE OF THE MAYOR ELECTED AT THE SPECIAL ELECTION, PROVIDING THAT THE TERM OF THE COMMISSIONER FILLING A VACANCY CREATED BY THE VICE.MAYOR SUCCEEDING AS MAYOR SHALL BE ONLY UNTIL THE NEXT ELECTION INSTEAD OF FOR THE MAYOR'S TERM OF OFFICE, UNLESS A VACANCY IS CREATED LESS THAN 60 DAYS BEFORE THE ELECTION THEN THE SEAT SHALL REMAIN VACANT UNTIL ALTER A MAYOR IS ELECTED AT THE SPECIAL ELECTION; PROVIDING FOR THE FILLING OF VACANCIES IN THE OFFICE OF VICE.MAYOR AND DEPUTY VICE.MAYOR; PROVIDING FOR A REFERENDUM ON MARCH 12, 2002; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission, after a review of many proposals, has decided to put the Question set forth in this Ordinance to a vote of the electorate; and WHEREAS, the City Commission desires to amend Ordinance No. 62431 if the electorate votes for its passage, and if not to amend the current City Charter as herein provided. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA~ Section 1. That Article III, Legislative", Section 3.01, "Commission-City Manager Form of Government; Term of Office; Number; Offices of Vice-Mayor and Deputy Vice- Mayor; Succession to Office of Mayor" of the City Charter of the City of Delray Beach, Florida, Chapter 24788, Laws of Florida, Special Act of 1949 and amendments thereto is hereby amended by amending Section 3.01(a), to read as follows: (a) There shall be a Commission with all legislative powers of the City vested therein. The Commission shall be composed of five (5) commissioners, all of whom shall be qualified electors and have such other qualifications as are prescribed by law, one of whom shall be duly elected Mayor, all of whom shall be elected at large for a term of two (2) years in the manner provided in this charter. The Mayor and Commissioners shall assume office on the last Thursday in March following their election or on the last Friday in March should the last Thursday fall on a legal holiday or as otherwise provided in this charter. In the event a vacancy shall occur in the office of Mayor, the Vice-Mayor shall automatically become Mayor. In the event a vacancy shall occur in the office of Vice- Mayor, the Deputy Vice-Mayor shall automatically become Vice-Mayor, and a new Deputy Vice-Mayor shall be selected by the Commission. Two (2) Commissioners shall be elected in even-numbered years, and two (2) Commissioners shall be elected in odd-numbered years, unless a vacancy or vacancies exist, in which event successors for the filling of any unexpired term or terms shall be elected or appointed as herein provided, in order to carry our the intent and meaning of this charter. Furthermore, the Mayor shall be elected for a two (2) year term, whether by regular election or election to fill a vacancy in the office of the Mayor, and without regard to whether such election is held in an even or odd- numbered year. If a special election is held to fill a vacancy in the office of Mayor, the 2 ORD NO. 63-01 duration of the Mayor's term of office will be for two years commencing on the last Thursday in March prior to the special election. Section 2. That Article III, "Legislative", Section 3.02, "City Commission: Composition, Eligibility, Election, and Terms", of the City Charter of the City of Delray Beach, Florida, Chapter 24788, Laws of Florida, Special Act of 1949 and amendments thereto, as amended by Ordinance No. 62431 is hereby amended by amending Section 3.02 of Ordinance No. 62431, "City Commission: Composition, Eligibility, Election, and Terms", Section 3.03 Of Ordinance No. 62431, "Qualifications of Candidates; Election" and Section 3.04, "Assumption of Office" of Ordinance No. 62431 to read as follows: Section 3.02. CITY COMMISSION: COMPOSITION, ELIGIBILITY, ELECTION. AND TERMS (a) Composition and Term. The City Commission shall be composed of five (5) Commissioners, one of whom shall be duly elected Mayor. All of them shall be elected at large for a term of two (2) years in the manner provided in this Charter. (b) Staggered Terms. Two (2) Commissioners shall be elected in even- numbered years, and two (2) Commissioners shall be elected in odd-numbered years. The Mayor may be elected in an even or odd-numbered year. (c) Length of Mayor's Term. If a special election is held to fill a vacancy in the office of Mayor, the duration of the Mayor's term of office will be for two years commencing on the last Thursday in March prior to the special election. (d) Terms as a Result of a Vacancy. In the event of vacancies, successors shall be appointed or elected in the manner provided in this Charter. Section 3.03. QUALIFICATIONS OF CANDIDATES; ELECTION (a) Regulation of Qualifications. The qualifications, time, manner, and costs of qualifying as a candidate for Mayor or Commissioner shall be regulated by Chapter 34 of the Code of Ordinances of the City. (b) Filing of Candidates' Petitions. All candidate petitions shall be filed with the City Clerk no earlier than noon on the last Tuesday in January and no later than noon 3 ORD NO. 63-01 on the second Tuesday in February of the calendar year in which the election will be held provided; however, if a special election to fill a vacancy in the office of Mayor is to be held, the time for qualiOing shall be as provided by this Charter and Chapter 34 of the Code of Ordinances of the City of Delray Beach. (c) Names of Candidates. The City Clerk shall deliver the names of all candidates and the offices for which they have filed, to the Supervisor of Elections no later than 5:00 p.m. on the first Friday after the close of qualifying. Section 3.04. ASSUMPTION OF OFFICE (a) Assumption of Office. The successful candidates for Mayor and Commissioners shall assume office on the last Thursday in March following the regular election. The Commission shall hold an organizational meeting immediately thereafter, and shall select from the Commissioners other than the Mayor, a Vice-Mayor and a Deputy Vice-Mayor. These two officials shall serve in their respective capacities at the pleasure of the Commission until the organizational meeting of the following year. (b) Assumption of Office for Appointees and those elected at a Special Election. A person appointed to fill a vacancy or to fill a vacancy in the office of Mayor by electing a Mayor at a special election shall assume office at the first regular meeting of the Commission after being so appointed or elected. Section 3. That Article III, "Legislative", Section 3.06, "Vacancies; Forfeiture of Office; Filling of Vacancies", of the City Charter of the City of Delray Beach, Florida, Chapter 24788, Laws of Florida, Special Act of 1949 and amendments thereto, is hereby amended by repealing Section 3.06(d) enacting a new Section 3.06(d), "Vacancy in Office of Mayor" and enacting new subsections 3.06(d)(1) (2)(3)(4) and (5) to read as follows: (d) Vacancy in Office of Mayor. (1) If a vacancy in the office of Mayor occurs sixty (60) or more calendar days preceding the date of the next regular City election, there will be an election to fill the Mayor's seat, which will be held at the time of the next regular City election. If a vacancy occurs in the office of Mayor less than sixty (60) calendar days preceding the date of the regular City election, the Mayor shall be elected at a special election to be held on the second Tuesday in May. If a special election is held to fill the office of Mayor, those persons who previously qualified to run for the Mayor's seat and other candidates who qualifi/pursuant to this charter and Chapter 34 of the Code of Ordinances may run for the Mayor's seat to be filled at the special election. Notwithstanding anything to the contrary, 4 ORD NO. 63-01 the Mayor elected at the special election shall assume office at the first regular meeting of the Commission after being elected. (2) No matter when a vacancy occurs in the office of Mayor, the Vice- Mayor shall automatically succeed to the office of Mayor and shall serve until the last Thursday in March following the next regular City election. Thereafter, the Vice-Mayor shall return to his or her former seat and complete the remainder of his or her Commission term if any part thereof remains unexpired. If a special election is called to fill a vacancy in the office of Mayor, the Vice-Mayor selected at the organizational meeting held after the regular election and prior to the special election shall serve until a new Mayor is seated and thereafter shall return to his or her seat. (3) The succession to the office of Mayor by the Vice-Mayor shall create a vacancy in the Commission, which shall be filled in the manner set forth in this charter, except the Commissioner appointed to fill the vacancy created on the Commission as a result of a vacancy in the office of Mayor that occurs sixty (60) or more days before the next election, shall serve only until the last Thursday in March following the next City election. If the vacancy on the Commission occurs as a result of a vacancy in the office of Mayor less than sixty (60) days prior to the next regular election, the Commission seat shall remain vacant notwithstanding anything to the contrary contained within this charter until after the assumption of office of the Mayor after the special election. (4) If the Vice-Mayor is unable or unwilling to succeed to the office of Mayor, then the Deputy Vice-Mayor shall succeed to the office of Mayor. If the Deputy Vice-Mayor is unable or unwilling to succeed to the office of Mayor, the Commission shall then select a Mayor from the remaining Commissioners. If the Commission is unable to select a Mayor by the end of the second regular meeting after the vacancy, then a special election shall be held for the election of the Mayor. (5) If a vacancy occurs in the office of Vice-Mayor, the Deputy Vice- Mayor sh~ll automatically become Vice-Mayor and a new Deputy Vice-Mayor shall be selected by the Commission. If a vacancy occurs in the office of Deputy Vice-Mayor, the Commission shall then select a new Deputy Vice-Mayor. Section 4. That Article III, "Legislative", Section 3.06(d) of the City Charter and Chapter 24788 of the Laws of Florida and Special Act of 1949 and amendments thereto are hereby amended by amending Ordinance No. 62-01, Section 3.08, which is amended by repealing Subsections 3.08(b)(1)(2) and (3) of Ordinance No. 62-01 and enacting new Subsections 3.08(b)(1)(2) and (3) of Ordinance No. 62-01 to read as follows: 5 ORD NO. 63-01 (b) Vacancy in Office of Mayor. (1) If a vacancy in the office of Mayor occurs at least sixty (60) or more calendar days preceding the date of the next regular City election, there will be an election to fill the Mayor's seat which will be held at the time of the next regular City election. If a vacancy occurs in the office of Mayor less than sixty (60) calendar days preceding the date of the regular City election, the Mayor shall be elected at a special election to be held on the second Tuesday in May. If a special election is held to fill the office of Mayor, those persons who previously qualified to run for the Mayor's seat and other candidates who qualify pursuant to this Charter and Chapter 34 of the Code of Ordinances may run for the Mayor's seat to be filled at the special election. Notwithstanding anything to the contrary, the Mayor elected at the special election shall assume office at the first regular meeting after being elected. (2) When a vacancy occurs in the office of Mayor, the Vice-Mayor shall automatically succeed to the office of Mayor and shall serve until the last Thursday in March following the next regular City election. Thereafter, the Vice-Mayor shall return to his or her former seat and complete the remainder of his or her Commission term ff any part thereof remains unexpired. If a special election is called to fill a vacancy in the office of Mayor, the Vice-Mayor selected at the organizational meeting shall serve until a new Mayor is seated and shall thereafter return to his or her seat. (3) The succession of the office of Mayor by the Vice-Mayor shall create a vacancy in the Commission. The vacancy on the Commission shall be filled in the manner set forth in this Charter except the Commissioner appointed to fill the vacancy created on the Commission as a result of a vacancy in the office of Mayor that occurs sixty (60) days or more before the next election shall serve only until the last Thursday in March following the next regular City election. If a vacancy occurs on the Commission as a result of a vacancy in the office of Mayor less than sixty (60) days before the next election, the Commission seat shall remain vacant, notwithstanding anything to the contrary within this Charter until after the assumption of office of the Mayor after the special election. Section 5. follows: That Section 1, 2, 3 and 4 of this ordinance shall be effective as If Question 1 in Ordinance No. 62-01 is not approved by the electors but the electors approve of the question in Section 6 of this ordinance, then only Section 1 and Section 3 of this ordinance shall have passed and Section 2 and Section 4, which amend Ordinance No. 62-01 will be null and void. However, if Ordinance No. 62-01 is approved by the electors and the electors as herein provided approve of the question set forth in this Section 6 herein, then Section 2 and Section 4 of this Ordinance No. 63-01 shall have 6 ORD NO. 63-01 passed and Section 1 and Section 3, which amends the Charter as currently set forth, will be null and void. If the electors disapprove of the question provided for in this ordinance, then this ordinance will be deemed null and void in its entirety. Section 6. This ordinance shall be effective as provided in Section 5 above. The majority of the electors voting at the election to be held March 12, 2002, shall either approve or disapprove of the question which will be presented substantially as follows: Question 2 CHARTER REVISION RELATING TO THE FILLING OF A VACANCY IN THE OFFICE OF MAYOR. A CITY OF DELRAY BEACH CHARTER AMENDMENT REQUIRING A SPECIAL ELECTION TO BE HELD IF A MAYORAL VACANCY OCCURS LESS THAN 60 DAYS BEFORE THE NEXT REGULAR ELECTION, PROVIDING FOR ASSUMPTION OF OFFICE, CLARIFYING THE TERMS OF THE MAYOR AND COMMISSIONER WHEN FILLING A MAYORAL VACANCY, PROVIDING FOR EXTENDED QUALIFYING PERIODS IN THE EVENT OF SUCH SPECIAL ELECTION AND RELATED MATTERS. SHOULD THE ABOVE-DESCRIBED CHARTER AMENDMENT BE ADOPTED? YES (FOR APPROVAL) ..... NO (AGAINST APPROVAL) .... Section 7. That upon the approval of this ordinance by the electors as set forth above, all ordinances or parts of ordinances or Charter provisions or parts of Charter provisions in conflict herewith shall be and the same are hereby repealed as of the effective date of this ordinance. Section 8. That if any clause, section or other part of this ordinance shall be declared invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby but shall remain in full force and effect. Section 9. That this ordinance shall become effective upon passage on second and final reading and in accordance with Section 5 herein. 7 ORD NO. 63-01 PASSE~ AND ADOPTED in regular session on second and final reading on this the e~~''v day of_ ____, 200a~ ATTEST: City Clerk First Readin .~5' Second R e a d ing~_-_ _~,_ ,a~ov~ MAYOR 8 ORD NO. 63-01 RECEIVED [ITY OF DELRR¥ BER[H D£C ! 9 ~001 CITY MANAGER CITY ATTORNEY'S OFFICE 200 NW Ist AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: TO: FROM: SUBJECT: Writer's Direct Line: 561/243-7091 MEMORANDUM December 19, 2001 City Commission Susan A. Ruby, City Attorney Ordinance No. 63-01 Revision to the City Charter Ordinance No. 63-01 amends the current City Charter or, if passed at referendum, Ordinance No. 62-01. The ordinance provides: 1) 2) 3) 4) 5) 6) If there is a vacancy in the office of Mayor which occurs 60 or more days before the next election, an election will be held to fill the vacancy at the next regular election. If there is a vacancy in the office of Mayor which occurs less than 60 days before the next regular election, there will be a special election to fill the office of Mayor on the second Tuesday in May and any resulting vacancy on the Commission (created as a result of the Vice-Mayor serving as Mayor) will be filled after the special election. Provides for the Vice-Mayor to succeed as Mayor until a new Mayor is elected. Provides the Mayor's term upon election to fill a vacancy will be two years. Provides for extended qualifying periods if a special election is to be held. The ordinance will be effective if approved by the voters. Please call if you have any questions. SAF CC: David T. Harden, City Manager Barbara Garito, City Clerk /o.D. ORDINANCE NO. 63-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIONS BY AMENDING THE CHARTER OF THE CITY OF DELRAY BEACH, ARTICLE III, "LEGISLATIVE", SECTION 3.01, "COMMISSION-CITY MANAGER FORM OF GOVERNMENT; TERM OF OFFICE; NUMBER; OFFICES OF VICE-MAYOR AND DEPUTY VIGbMAYOR; SUCCESSION TO THE OFFICE OF MAYOR", PROVIDING FOR THE LENGTH OF THE MAYOR'S TERM IF ELECTED AT A SPECIAL ELECTION; BY REPEALING SECTION 3.06(d), "VACANCIES; FORFEITURE OF OFFICE; FILLING OF VACANCIES", AND ENACTING A NEW SECTION 3.06(d), "FILLING A VACANCY IN THE OFFICE OF MAYOR" AND SUBSECTIONS 3.06(d)(1)(2)(3)(4) AND (5); TO PROVIDE FOR FILLING A VACANCY IN THE OFFICE OF MAYOR; BY AMENDING ORDINANCE NO. 62-01 BY REPEALING SECTIONS 3.08(b)(1)(2) AND (3) OF ORDINANCE NO. 62-01 AND ENACTING A NEW SECTION 3.08, "FILLING OF A VACANCY IN THE OFFICE OF MAYOR" AND SUBSECTIONS 3.08(b)(1)(2) AND (3), TO PROVIDE FOR THE FILLING OF VACANCY IN THE OFFICE OF MAYOR, PROVIDING FOR THE LENGTH OF THE MAYOR'S TERM IF ELECTED AT A SPECIAL ELECTION, PROVIDING FOR THE VICE. MAYOR TO SERVE AS MAYOR UNTIL THE NEXT ELECTION IF 60 OR MORE DAYS REMAIN UNTIL THE NEXT ELECTION OR IF LESS THAN 60 DAYS REMAIN REQUIRING A SPECIAL ELECTION TO FILL THE VACANCY IN THE OFFICE OF MAYOR, PROVIDING FOR THE QUALIFICATION OF CANDIDATES FOR A SPECIAL ELECTION TO FILL A VACANCY IN THE OFFICE OF MAYOR, THE DATE OF ASSUMPTION OF OFFICE OF THE MAYOR ELECTED AT THE SPECIAL ELECTION, PROVIDING THAT THE TERM OF THE COMMISSIONER FILLING A VACANCY CREATED BY THE VICE-MAYOR SUCCEEDING AS MAYOR SHALL BE ONLY UNTIL THE NEXT ELECTION INSTEAD OF FOR THE MAYOR'S TERM OF OFFICE, UNLESS A VACANCY IS CREATED LESS THAN 60 DAYS BEFORE THE ELECTION THEN THE SEAT SHALL REMAIN VACANT UNTIL AFTER A MAYOR IS ELECTED AT THE SPECIAL ELECTION; PROVIDING FOR THE FILLING OF VACANCIES IN THE OFFICE OF VICE-MAYOR AND DEPUTY VICE-MAYOR; PROVIDING FOR A REFERENDUM ON MARCH 12, 2002; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission, after a review of many proposals, has decided to put the Question set forth in this Ordinance to a vote of the electorate; and WHEREAS, the City Commission desires to amend Ordinance No. 62-01 ff the electorate votes for its passage, and ff not to amend the current City Charter as herein provided. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That Article III, Legislative", Section 3.01, "Commission-City Manager Form of Government; Term of Office; Number; Offices of Vice-Mayor and Deputy Vice- Mayor; Succession to Office of Mayor" of the City Charter of the City of Delray Beach, Florida, Chapter 24788, Laws of Florida, Special Act of 1949 and amendments thereto is hereby amended by amending Section 3.01(a), to read as follows: (a) There shall be a Commission with all legislative powers of the City vested therein. The Commission shall be composed of five (5) commissioners, all of whom shall be qualified electors and have such other qualifications as are prescribed by law, one of whom shall be duly elected Mayor, all of whom shall be elected at large for a term of two (2) years in the manner provided in this charter. The Mayor and Commissioners shall assume office on the last Thursday in March following their election or on the last Friday in March should the last Thursday fall on a legal holiday or as otherwise provided in this charter. In the event a vacancy shall occur in the office of Mayor, the Vice-Mayor shall automatically become Mayor. In the event a vacancy shall occur in the office of Vice- Mayor, the Deputy Vice-Mayor shall automatically become Vice-Mayor, and a new Deputy Vice-Mayor shall be selected by the Commission. Two (2) Commissioners shall be elected in even-numbered years, and two (2) Commissioners shall be elected in odd-numbered years, unless a vacancy or vacancies exist, in which event successors for the filling of any unexpired term or terms shall be elected or appointed as herein provided, in order to carry our the intent and meaning of this charter. Furthermore, the Mayor shall be elected for a two (2) year term, whether by regular election or election to fill a vacancy in the office of the Mayor, and without regard to whether such election is held in an even or odd- numbered year. If a special election is held to fill a vacancy in the office of Mayor, the 2 ORD NO. 63-01 duration of the Mayor's term of office will be for two years commencing on the last Thursday in March prior to the special election. Section 2. That Article III, "Legislative", Section 3.02, "City Commission: Composition, Eligibility, Election, and Terms", of the City Charter of the City of Delray Beach, Florida, Chapter 24788, Laws of Florida, Special Act of 1949 and amendments thereto, as amended by Ordinance No. 62-01 is hereby amended by amending Section 3.02 of Ordinance No. 62-01, "City Commission: Composition, Eligibility, Election, and Terms", Section 3.03 Of Ordinance No. 62-01, "Qualifications of Candidates; Election" and Section 3.04, "Assumption of Office" of Ordinance No. 62-01 to read as follows: Section 3.02. CITY COMMISSION: COMPOSITION, ELIGIBILITY, ELECTION, AND TERMS (a) Composition and Term. The City Commission shall be composed of five (5) Commissioners, one of whom shall be duly elected Mayor. All of them shall be elected at large for a term of two (2) years in the manner provided in this Charter. (b) Staggered Terms. Two (2) Commissioners shall be elected in even- numbered years, and two (2) Commissioners shall be elected in odd-numbered years. The Mayor may be elected in an even or odd-numbered year. (c) Length of Mayor's Term. If a special election is held to fill a vacancy in the office of Mayor, the duration of the Mayor's term of office will be for two years commencing on the last Thursday in March prior to the special election. (d) Terms as a Result of a Vacancy. In the event of vacancies, successors shall be appointed or elected in the manner provided in this Charter. Section 3.03. OUALIFICATIONS OF CANDIDATES; ELECTION (a) Regulation of Qualifications. The qualifications, time, manner, and costs of qualifying as a candidate for Mayor or Commissioner shall be regulated by Chapter 34 of the Code of Ordinances of the City. (b) Filing of Candidates' Petitions. All candidate petitions shall be filed with the City Clerk no earlier than noon on the last Tuesday in January and no later than noon 3 ORD NO. 63-01 on the second Tuesday in February of the calendar year in which the election will be held provided; however, if a special election to fill a vacancy in the office of Mayor is to be held, the time for qualifying shall be as provided by this Charter and Chapter 34 of the Code of Ordinances of the City of Delray Beach. (c) Names of Candidates. The City Clerk shall deliver the names of all candidates and the offices for which they have filed, to the Supervisor of Elections no later than 5:00 p.m. on the first Friday after the dose of qualifying. Section 3.04. ASSUMPTION OF OFFICE (a) Assumption of Office. The successful candidates for Mayor and Commissioners shall assume office on the last Thursday in March following the regular election. The Commission shall hold an organizational meeting immediately thereafter, and shall select from the Commissioners other than the Mayor, a Vice-Mayor and a Deputy Vice-Mayor. These two officials shall serve in their respective capacities at the pleasure of the Commission until the organizational meeting of the following year. (b) Assumption of Office for Appointees and those elected at a Special Election. A person appointed to fill a vacancy or to fill a vacancy in the office of Mayor by electing a Mayor at a special election shall assume office at the first regular meeting of the Commission after being so appointed or elected. Section 3. That Article III, "Legislative", Section 3.06, "Vacancies; Forfeiture of Office; Filling of Vacancies", of the City Charter of the City of Delray Beach, Florida, Chapter 24788, Laws of Florida, Special Act of 1949 and amendments thereto, is hereby amended by repealing Section 3.06(d) enacting a new Section 3.06(d), "Vacancy in Office of Mayor" and enacting new subsections 3.06(d)(1) (2)(3)(4) and (5) to read as follows: (d) Vacancy in Office of Mayor. (1) If a vacancy in the office of Mayor occurs sixty (60) or more calendar days preceding the date of the next regular City election, there will be an election to fill the Mayor's seat, which will be held at the time of the next regular City election. If a vacancy occurs in the office of Mayor less than sixty (60) calendar days preceding the date of the regular City election, the Mayor shall be elected at a special election to be held on the second Tuesday in May. If a special election is held to fill the office of Mayor, those persons who previously qualified to run for the Mayor's seat and other candidates who qualify pursuant to this charter and Chapter 34 of the Code of Ordinances may run for the Mayor's seat to be filled at the special election. Notwithstanding anything to the contrary, 4 ORD NO. 63-01 the Mayor elected at the special election shall assume office at the first regular meeting of the Commission after being elected. (2) No matter when a vacancy occurs in the office of Mayor, the Vice- Mayor shall automatically succeed to the office of Mayor and shall serve until the last Thursday in March following the next regular City election. Thereafter, the Vice-Mayor shall return to his or her former seat and complete the remainder of his or her Commission term if any part thereof remains unexpired. If a special election is called to fill a vacancy in the office of Mayor, the Vice-Mayor selected at the organizational meeting held after the regular election and prior to the special election shall serve until a new Mayor is seated and thereafter shall return to his or her seat. (3) The succession to the office of Mayor by the Vice-Mayor shall create a vacancy in the Commission, which shall be filled in the manner set forth in this charter, except the Commissioner appointed to fill the vacancy created on the Commission as a result of a vacancy in the office of Mayor that occurs sixty (60) or more days before the next election, shall serve only until the last Thursday in March following the next City election. If the vacancy on the Commission occurs as a result of a vacancy in the office of Mayor less than sixty (60) days prior to the next regular election, the Commission seat shall remain vacant notwithstanding anything to the contrary contained within this charter until after the assumption of office of the Mayor after the special election. (4) If the Vice-Mayor is unable or unwilling to succeed to the office of Mayor, then the Deputy Vice-Mayor shall succeed to the office of Mayor. If the Deputy Vice-Mayor is unable or unwilling to succeed to the office of Mayor, the Commission shall then select a Mayor from the remaining Commissioners. If the Commission is unable to select a Mayor by the end of the second regular meeting after the vacancy, then a special election shall be held for the election of the Mayor. (5) If a vacancy occurs in the office of Vice-Mayor, the Deputy Vice- Mayor shall automatically become Vice-Mayor and a new Deputy Vice-Mayor shall be selected by the Commission. If a vacancy occurs in the office of Deputy Vice-Mayor, the Commission shall then select a new Deputy Vice-Mayor. Section z}. That Article III, "Legislative", Section 3.06(d) of the City Charter and Chapter 24788 of the Laws of Florida and Special Act of 1949 and amendments thereto are hereby amended by amending Ordinance No. 62-01, Section 3.08, which is amended by repealing Subsections 3.08(b)(1)(2) and (3) of Ordinance No. 62-01 and enacting new Subsections 3.08(b)(1)(2) and (3) of Ordinance No. 62-01 to read as follows: 5 ORD NO. 63-01 (b) Vacancy in Office of Mayor. (1) If a vacancy in the office of Mayor occurs at least sixty (60) or more calendar days preceding the date of the next regular City election, there will be an election to fill the Mayor's seat which will be held at the time of the next regular City election. If a vacancy occurs in the office of Mayor less than sixty (60) calendar days preceding the date of the regular City election, the Mayor shall be elected at a special election to be held on the second Tuesday in May. If a special election is held to fill the office of Mayor, those persons who previously qualified to run for the Mayor's seat and other candidates who qualif~ pursuant to this Charter and Chapter 3z[ of the Code of Ordinances may run for the Mayor's seat to be filled at the special election. Notwithstanding anything to the contrary, the Mayor elected at the special election shall assume office at the first regular meeting after being elected. (2) When a vacancy occurs in the office of Mayor, the Vice-Mayor shall automatically succeed to the office of Mayor and shall serve until the last Thursday in March following the next regular City election. Thereafter, the Vice-Mayor shall return to his or her former seat and complete the remainder of his or her Commission term if any part thereof remains unexpired. If a special election is called to fill a vacancy in the office of Mayor, the Vice-Mayor selected at the organizational meeting shall serve until a new Mayor is seated and shall thereafter return to his or her seat. (3) The succession of the office of Mayor by the Vice-Mayor shall create a vacancy in the Commission. The vacancy on the Commission shall be filled in the manner set forth in this Charter except the Commissioner appointed to fill the vacancy created on the Commission as a result of a vacancy in the office of Mayor that occurs sixty (60) days or more before the next election shall serve only until the last Thursday in March following the next regular City election. If a vacancy occurs on the Commission as a result of a vacancy in the office of Mayor less than sixty (60) days before the next election, the Commission seat shall remain vacant, notwithstanding anything to the contrary within this Charter until after the assumption of office of the Mayor after the special election. Section 5. follows: That Section 1, 2, 3 and 4 of this ordinance shall be effective as If Question 1 in Ordinance No. 62-01 is not approved by the electors but the electors approve of the question in Section 6 of this ordinance, then only Section 1 and Section 3 of this ordinance shall have passed and Section 2 and Section 4, which amend Ordinance No. 62-01 will be null and void. However, if Ordinance No. 62-01 is approved by the electors and the electors as herein provided approve of the question set forth in this Section 6 herein, then Section 2 and Section 4 of this Ordinance No. 63-01 shall have 6 ORD NO. 63-01 passed and Section 1 and Section 3, which amends the Charter as currently set forth, will be null and void. If the electors disapprove of the question provided for in this ordinance, then this ordinance will be deemed null and void in its entirety. Section 6. This ordinance shall be effective as provided in Section 5 above. The majority of the electors voting at the election to be held March 12, 2002, shall either approve or disapprove of the question which will be presented substantially as follows: Question 2 CHARTER REVISION RELATING TO THE FILLING OF A VACANCY IN THE OFFICE OF MAYOR. A CITY OF DELRAY BEACH CHARTER AMENDMENT REQUIRING A SPECIAL ELECTION TO BE HELD IF A MAYORAL VACANCY OCCURS LESS THAN 60 DAYS BEFORE THE NEXT REGULAR ELECTION, PROVIDING FOR ASSUMPTION OF OFFICE, CLARIFYING THE TERMS OF THE MAYOR AND COMMISSIONER WHEN FILLING A MAYORAL VACANCY, PROVIDING FOR EXTENDED QUALIFYING PERIODS IN THE EVENT OF SUCH SPECIAL ELECTION AND RELATED MATTERS. SHOULD THE ABOVE-DESCRIBED CHARTER AMENDMENT BE ADOPTED? YES (FOR APPROVAL) .... NO (AGAINST APPROVAL)_____ Section 7. That upon the approval of this ordinance by the electors as set forth above, all ordinances or parts of ordinances or Charter provisions or parts of Charter provisions in conflict herewith shall be and the same are hereby repealed as of the effective date of this ordinance. Section 8. That if any clause, section or other part of this ordinance shall be declared invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby but shall remain in full force and effect. Section 9. That this ordinance shall become effective upon passage on second and final reading and in accordance with Section 5 herein. 7 ORD NO. 63-01 the ATTEST: PASSED AND ADOPTED in regular session on second and final reading on this .... day of .............. ,2001. City Clerk First Reading. Second Reading. MAYOR 8 ORD NO. 63-01 RESOLUTION NO. 72-01 Question 2 Rev. 11/30/01 A RESOLIYI'ION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CALLING FOR A SPECIAL ELECTION ON A CHARTER CHANGE TO BE HELD ON MARCH 12, 2002, TO PROVIDE FOR A REFERENDUM ON THE CHARTER CHANGE PRESENTED IN ORDINANCE NO. 63-01 PROVIDING FOR THE TIME, MANNER AND MEANS OF HOLDING SAID ELECTION, PROVIDING A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, Ordinance No. 63-01 mends the City Charter by requiring a special election to fill · vacancy in the office of Mayor, requiring an election if less than 60 days remain before the next election, addresses the assumption of office, qualifications, and related matters; and WHEREAS, the City of Delray Beach desires to call for a special election on the matter; and WHEREAS, the City Commission directs the City Clerk to take all steps necessary to hold a special election and to provide all notices required in accordance with Article V, "Elections" of the Charter of the City of Delray Beach and General Law; and WHEREAS, the City Commission of the City of D¢lray Beach directs that the special election on the Charter change proposed in Ordinance No. 63-01 be held on March 12, 2002. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission incorporates the "Whereas" clauses set forth above as if fully set forth herein. Section 2. That the City Commission authorizes the holding of a special election on the Charter change presented in Ordinance No. 63-01 Section 3. 12, 2002. That the City Commission hereby sets the date of the election to be held on March ,Section 4. That the City Commission hereby authorizes the City Clerk to provide all notices and to take all steps necessary to hold the referendum as hereby provided. Section 5. That this resolution shall become effective immexiiately upon passage. PASSED AND ADOPTED this day of .... ,2002. ATTEST: MAYOR City Clerk Question2 Rev. 11/30/01 NOTICE OF SPECIAL ELECTION The City of Delray Beach, Florida, hereby gives notice, pursuant to Florida Statutes §100.342, that a Special Election shall be held on March 12, 2002 on the Charter proposed by Ordinance No. 63-01 to wit: CHARTER REVISION RELATING TO THE FILLING OF A VACANCY IN THE OFFICE OF MAYOR. A CITY OF DELRAY BEACH CHARTER AMENDMENT REQUIRING A SPECIAL ELECTION TO BE HELD IF A MAYORAL VACANCY OCCURS LESS THAN 60 DAYS BEFORE THE NEXT REGULAR ELECTION, PROVIDING FOR ASSUMPTION OF OFFICE, CLARIFYING THE TERMS OF THE MAYOR AND COMMISSIONER WHEN FILLING A MAYORAL VACANCY, PROVIDING FOR EXTENDED QUALIFYING PERIODS IN THE EVENT OF SUCH SPECIAL ELECTION AND RELATED MATTERS. SHALL THE ABOVE-DESCRIBED CHARTER AMENDMENT BE ADOPTED? YES (for approval) NO (against approval) CITY OF DELRAY BEACH, FLORIDA PUBLISH: The News Barbara Garito City Clerk [This publication shall be made at least twice, once in the fifth week and once in the third week prior to the week in which the referendum is to be held, at least 30 days prior to the referendum date.] I~,~C~0NTORLLAVACANCYINTHE TO R[OR,G~4IT~: ~ 00RRECT I~ A V~.,ANCY OREAIED BY I~E RUJG OF VAG4~CIES IN OFI~E Of Vt(~-MAY(~ MD CI~ C~erk OF 11.~ V1CE MAYOP,. Al~ I~EPUTY FRS-, BY REPEAUNG SECTION 3 01(c) ~ ~ A ~ S~CTtON SECTION (a), TO PROVIDE 'IHAT CO~S.mONER MID/OR 'llqE ITS 04JRING AN ELECTED TERM WXNG ~ Bq~ECTN~ ~ 110N 3417, ~ AFTER FIL- il